Well stated. +1 On 12/23/10 2:00 PM, MDK wrote: > This business about "winning" and "losing"... > > For me, "winning" is about being in charge of my life and my business. Who > has veto power over what I choose to do? Me. That's winning. > > Losing: When someone else has veto power over any decision I make. > Example, the FCC decides which aspects of my business I can control, and > which aspects THEY control. > > This is the precise argument over our nation's founding. The rebellious > types decided they'd had it, and they wanted to govern their own lives. > Now, it's really hard to have a nation, with NO GOVERNMENT, but that > doesn't mean that you have to live with a tyrant deciding what powers to > exercise. We gave government limited powers, and everything else IS UP TO > US. Government does not get to decide what additional powers it has. It > does not get to "reinterpret" the establishing contract ( Constitution) for > itself. It has never been given that power. No branch of government is > delegated "interpretation" power of the Constitution, by the Constitution, > for instance. It stands on its own, with plain and obvious language anyone > can understand. Not even the Supreme Court. Don't believe me? Read the > Constitution. > > In a microcosm, this is my point of view. Neither Congress nor the FCC > has any statutory authority in the Constitution to require you to do SQUAT, > unless your business is somehow "commerce between the states". And in that > regard, it is still limited to the ability to override state policy toward > commerce with ANOTHER STATE. Just because you buy internet in state 1 and > sell it in state 2 does not mean that Congress now owns you. It just means > that Congress can overrule any rules state 1 or 2 makes about what you do. > > When we take the attitude that it is inevitable that we are "regulated" as > an industry, we have utterly forgotten the legal foundation of both OUR > individual rights, our rights as business entities, and the statutory > limitations of government. > > It's like establishing a contract between you and someone else, say, hiring > a secretary, who, over time, decides that you are subservient to the > employee you pay, and starts making your decisions for you. You, legally, > would fire this person, and that's the end of that. Congress and the FCC > simply do not have the authority to do many things they want to do. We > should be bound, by civic duty, and by citizenship, to simply say "No". It > is US who should decide if we WANT any federal laws on the matter, and if > so, we ask for them, and if we decide they can't do anything useful, we say > "no" and send them packing. No, not the people who want to control their > neighbor's business, but those who own the business decide. > > We are in an "outside of the law" situation. Both Congress and the various > agencies have decided for themselves what powers to exercise, far in excess > of their constitutional limitations. And, for whatever reason, we have a > significant segment of the population who likes this situation, of having an > unlimited and unrestricted government controlling them. Why "unlimited"? > Well, if you specify what your employee is empowered to do, and instead, > your employee takes upon themselves full control over your enterprise... > Then the agreement between you is broken. Either you assert your > contractual standards... or there are no standards. Either you enforce > your employee's behavior, to contractual limitations... Or your employee > just does WHATEVER he or she wants. It really is an all or nothing > situation. > > If you do not assert your dominance, which exists as a matter of contractual > law, then you have lost all authority to object to anything. You cannot, > as a matter of consistency say "I Object to the breaking of this part of the > contract between you and me" and at the same time, refuse to enforce most > other provisions, and have any logical leg to stand on. If it's not all > valid, then who gets to decide what is and what isn't? > > I've been called "radical" and all sorts of things for this thinking. But > for the life of me, I cannot understand why. There's nothing radical about > insisting that your contractual rights be respected. We have them, and > they're contained in the Constitution. And it says that WE, as the people, > control our government, FULLY, except for approximately 36 specific, > delegated, enumerated responsibilities ( the number is debateable, what they > are isn't), and we have a process called "amendment" that gives us power to > both further delegate and to rescind. > > I want that contract respected and honored. How is that radical? > > And why do so many of you object? It's all about law, and contract. > > We as businesses operate on agreements. We have agreements with our > customers. We do x, they do y. We're only in business so long as that > specific relationship stays intact. If we don't perform and / or, they > don't pay, then it all falls apart. If your provider fails to provide for > you, and yet wants to be paid, you consider yourself ill used. > > Fundamentally, HOW do we maintain any valid contract, if the one that gives > us the power to engage in those contracts... Is simply ignored? Everyone's > free to do whatever the heck they want. And that's why we're in such deep > doo-doo in this country. > > I keep being told this is "politics". In some aspects it is, but it is an > absolute essential aspect of being in business and is inseparable from any > other aspect of our business. > > > > ++++++++++++++++++++++++++++++ > Neofast, Inc, Making internet easy > 541-969-8200 509-386-4589 > ++++++++++++++++++++++++++++++ > > > > > > -------------------------------------------------------------------------------- > WISPA Wants You! Join today! > http://signup.wispa.org/ > -------------------------------------------------------------------------------- > > WISPA Wireless List: [email protected] > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/
-------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
